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VERZEANO v. CARPENTER

88-3358-L-2; CA A63060.

815 P.2d 1275 (1991)

108 Or.App. 258

Paulena Elizabeth Carter VERZEANO, Respondent, v. Fred E. CARPENTER and Hazel M. Carpenter, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided July 24, 1991.

Reconsideration Denied October 9, 1991.

Attorney(s) appearing for the Case

Mildred J. Carmack, Portland, argued the cause for appellants. On the appellant's brief was Walter D. Nunley, Medford. On the reply brief were Mildred J. Carmack and Schwabe, Williamson & Wyatt, Portland.

W.V. Deatherage, Medford, argued the cause for respondent. With him on the brief were Stephen G. Jamieson and Frohnmayer, Deatherage, Pratt, Jamieson & Turner, P.C., Medford.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Plaintiff brought this declaratory judgment action seeking declarations that she has an easement allowing ingress and egress across defendants' property and that a public easement exists across defendants' property. Plaintiff also seeks to enjoin defendants from interfering with the use of the easements by plaintiff and the public. The trial court granted the relief sought.

In 1947, defendants purchased lot 500 from plaintiff's predecessor in...

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